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NAVY | DRB | 1999_Navy | ND99-01049
Original file (ND99-01049.rtf) Auto-classification: Denied


DEPARTMENT OF THE NAVY
NAVAL DISCHARGE REVIEW BOARD (NDRB)
 DISCHARGE REVIEW
DECISIONAL DOCUMENT

ex-SR, USN
Docket No. ND99-01049

Applicant’s Request
The application for discharge review, received 990728, requested that the characterization of service on the discharge be changed to general/under honorable conditions and the reason for the discharge be changed to anything but what it is. The applicant requested a documentary record discharge review. The applicant did not designate a representative on the DD Form 293.

Decision

A documentary discharge review was conducted in Washington, D.C. on 000417. After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, NDRB discerned no impropriety or inequity in the characterization of the applicant’s service. The Board’s vote was unanimous that the character of the discharge shall not change. The discharge shall remain: UNDER OTHER THAN HONORABLE CONDITIONS/ Misconduct – Drug abuse (Use), authority: NAVMILPERSMAN, Article 3630620.

The NDRB did note an administrative error on the original DD Form 214. Block 12a, Date Entered AD This Period, should read: "88 FEB 25" vice "88 FEB24" and Block 25, Separation Authority, should read: "Article 3630620" vice "Article 3630100". The original DD Form 214 should be corrected or reissued as appropriate.

PART I - APPLICANT’S ISSUES AND DOCUMENTATION

Issues (verbatim)

 To the Officials to Whom this Concerns,

I was discharged from the Navy in 1991. I served on the USS CORAL SEA and lent hand to decommission the ship. From there I was transferred to the USS FORRESTAL in Florida. I was lead by ENS B_. This man is the sole reason for my desire to leave the Navy. He made it clear to me I was nobody and worth nothing to him. He was my division Officer and he could treat me any way he felt necessary. With a combination of my age, pride and generally the simple why I was raised, he struck me as a man who would never have respect for me nor anyone else that worked below him. I talked to the Chaplain several times about this problem, to no avail. He showed no support. Freshly divorced, because of too much time away from my wife, 19 years old, stripped of my respect for the military, as well as my pride and roots of religion, I decided I had to get out and I did.

Now at the age of 30, married with 1 girl and a boy on the way, I realize what mistakes I've made in my life. I would like to utilizes my knowledge I gathered in the Navy to better my family. Therefore, I respectfully request an upgrade and the marijuana charge dropped.

 Documentation
Only the service record was reviewed, as the applicant did not provide additional documentation to consider.

PART II - SUMMARY OF SERVICE

 Prior Service (component, dates of service, type of discharge):
         Active: None
         Inactive: USNR (DEP)     871223 - 880224  COG

 Period of Service Under Review :
Date of Enlistment: 880225               Date of Discharge: 910418

 Length of Service (years, months, days):

         Active: 03 01 24 (Doesn't exclude lost time)
         Inactive: None

 Age at Entry: 19                          Years Contracted: 4 (12 months extension)

 Education Level: 12                        AFQT: 36

 Highest Rate: WTSA (E-2)

 Final Enlisted Performance Evaluation Averages (number of marks):

 Performance: 2.95 (4)    Behavior: 3.1 (4)                 OTA: 3.2

 Military Decorations: None

 Unit/Campaign/Service Awards: NDSM

 Days of Unauthorized Absence: 10

Character, Narrative Reason, and Authority of Discharge (at time of issuance):

UNDER OTHER THAN HONORABLE CONDITIONS/Misconduct – Drug abuse (Use), authority: NAVMILPERSMAN, Article 3630620.

 Chronological Listing of Significant Service Events :
890228:  Counseling: Advised of deficiency (classified as being obese - body fat exceeding 26%), notified of corrective actions and assistance available.

900608:  Civil Conviction: Duval Count Court, Jacksonville, FL: Charged with possession of alcohol while under 21 years of age and drinking in public.
 Applicant plead guilty and found guilty.
         Sentence: Two days time served concurrent and fined $95.00.
900619:  Retention Warning: Advised of deficiency (civil conviction for possession of alcohol while under 21 years of age and drinking in public), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

901219:  NJP for violation of UCMJ, Article 86: unauthorized absence from until from 11 - 13 Nov 90 (2 days).
Award: Forfeiture of $150 per month for 1 months. No indication of appeal in the record.
901219:  Retention Warning: Advised of deficiency (Captain's Mast on 19 Dec 90 for violation of UCMJ, Article 82 - UA from unit (2½ days), notified of corrective actions and assistance available, advised of consequences of further deficiencies, and issued discharge warning.

910321:  NJP for violation of UCMJ, Article 86: unauthorized absence from unit from 05 - 13 Mar 91 (8 days); violation of UCMJ Article 112a: wrongful use of marijuana from 5 - 15 Mar 91.
Award: Forfeiture of $376.00 per month for 2 months, restriction and extra duty for 45 days, reduction to E-1. No indication of appeal in the record. [EXTRACTED FROM CO'S MSG OF 131430Z APR 91]
910323:  DAAR: Method of identification - military police. Positive for marijuana, date of incident 91MAR19, evaluated by CAAC, determined dependent, recommend separation via VA hospital.
910323:  Applicant notified of intended recommendation for discharge under other than honorable conditions by reason of misconduct due to commission of a serious offense and misconduct due to drug abuse.
910323:  Applicant advised of his rights and having elected not to consult with counsel certified under UCMJ Article 27B, elected to waive all rights except the right to obtain copies of the documents used to support the basis for the separation. Applicant did not object to the discharge.
910413:  Commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to drug abuse (use) and misconduct due to commission of a serious offense. Commanding officer’s comments (verbatim): "I strongly recommend that member be separated from the naval service under other than honorable conditions."

910417:  CNMPC directed the applicant's discharge under other than honorable conditions by reason of misconduct due to drug abuse (use).

PART III – RATIONALE FOR DECISION AND PERTINENT REGULATION/LAW

Discussion

The applicant was discharged on 910418 under other than honorable conditions for misconduct due to drug abuse (use) (A). The Board presumed regularity in the conduct of governmental affairs (B). After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, the Board found that the discharge was proper and equitable (C and D).

In the applicant’s issue 1, the Board found nothing in the records nor did the applicant submit any supporting documentation that showed that his personal problems were of sufficient magnitude that they could not be resolved through standard military channels or by the applicant’s chain of command. In fact, the Board found that the applicant’s age, education, test scores, prior service, promotions and awards were sufficient to qualify him for enlistment. In addition, the applicant was found guilty at CO’s NJP on 910321for wrongful use of marijuana. The NDRB does not have the authority to drop the marijuana charges as the applicant requests in issue 1. The Board will not grant relief on the basis of this issue.

 Pertinent Regulation/Law (at time of discharge)

 A. Navy Military Personnel Manual, (NAVPERS 15560A), Change 11, effective
14 Jun 90 until 14 Aug 91, Article 3630620, SEPARATION OF ENLISTED MEMBERS BY REASON OF MISCONDUCT DUE TO DRUG ABUSE

B. Secretary of the Navy Instruction 5420.174C of 22 August 1984 (Manual for Discharge Review, 1984), enclosure (1), Chapter 2, AUTHORITY/POLICY FOR DEPARTMENTAL DISCHARGE REVIEW.

C. Secretary of the Navy Instruction 5420.174C of 22 August 1984 (Manual for Discharge Review, 1984), enclosure (1), Chapter 9, paragraph 9.2, PROPRIETY OF THE DISCHARGE.

D. Secretary of the Navy Instruction 5420.174C of 22 August 1984 (Manual for Discharge Review, 1984), enclosure (1), Chapter 9, paragraph 9.3, EQUITY OF THE DISCHARGE.

PART IV - INFORMATION FOR THE APPLICANT
If you believe that the decision in your case is unclear, not responsive to the issues you raised, or does not otherwise comport with the decisional document requirements of DoD Directive 1332.28, you may submit a complaint in accordance with Enclosure (5) of that Directive. You should read Enclosure (5) of the Directive before submitting such a complaint. The complaint procedure does not permit a challenge of the merits of the decision; it is designed solely to ensure that the decisional documents meet applicable requirements for clarity and responsiveness. You may obtain a copy of DoD Directive 1332.28 by writing to:
                  DA Military Review Boards Agency
                  Management Information and Support Directorate
                  Armed Forces Reading Room
                  Washington, D.C. 20310-1809

The names, and votes of the members of the Board are recorded on the original of this document and may be obtained from the service records by writing to:

                  Naval Council of Personnel Boards
                  Attn: Naval Discharge Review Board
                  Washington Navy Yard
                  720 Kennon Street SE Rm 309
                  Washington, D.C. 20374-5023     

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